CD Skripsi
Sinkronisasi Kewenangan Kementerian Hukum Dan Hak Asasi Manusia Berdasarkan Peraturan Menteri Hukum Dan Hak Asasi Manusia Nomor 2 Tahun 2019 Tentang Penyelesaian Disharmoni Peraturan Perundang-Undangan Melalui Mediasi Dikaitkan Dengan Kewenangan Judicial Review Mahkamah Agung
Minister of Law and Human Rights Regulation No. 2 of 2019 concerning
Disharmony Settlement Laws and Regulations Through Mediation regulates the
mediation process for disharmony of several regulations such as Ministerial
Regulation; Regulation of Non-Ministerial Government Institutions; Regulations
from Non-Structural Institutions; and Regional Regulations. Whereas if a
regulation is in conflict with other regulations, then a judicial review can be
conducted to the Supreme Court and this has been stipulated in the 1945
Constitution where the 1945 Constitution is the highest statutory regulation and
there is no lower statutory regulation that can override the provisions The 1945
Constitution.
This type of research can be classified as a type of normative research. In
this study, the focus is to examine the level of synchronization of law and the
principle of law, namely the principle of lex superior derogate legi inferior. Source
of data used secondary data consisting of primary legal materials, secondary legal
materials, and tertiary legal materials, data collection techniques in this study with
the literature review method, after the data collected and then analyzed to draw
conclusions.
From the results of research and discussion, it can be concluded that, First,
the authority of the Ministry of law and human rights in completing the disharmony
of laws and regulations based on Minister of Law and Human Rights Regulation
No. 2 of 2019 is something that violates higher legal norms or norms. Because the
1945 Constitution which gives the authority to examine the legislation under the
law against the law is to the Supreme Court and not to other institutions. Second,
the Supreme Court should conduct a judicial review in which the ideal concept of
authority is regulated in the 1945 Constitution and not the Ministry of Law and
Human Rights. If you want to test the statutory regulations, then the laws and
regulations must be made in the form of laws.
Keywords : Disharmony of Laws and Regulations-Judicial Review
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